ARTICLE	TITLE	PAGE
	PREAMBLE
1	RECOGNITION
2	NEGOTIATION PROCEDURE
3	GRIEVANCE PROCEDURE
4	EMPLOYEE RIGHTS
5	ASSOCIATION RIGHTS AND PRIVILEGES
6	LEAVES OF ABSENCE
7	JOB SECURITY
8	EVALUATION
9	APPOINTMENTS AND NOTIFICATION
10	INSURANCE
11	OTHER BENEFITS
12	ASSOCIATION AGENCY FEE
13	SALARY
14	PROTECTION OF EMPLOYEES
15	MISCELLANEOUS
16	DURATION
	SALARY GUIDE: 2006-2007, 2007-2008 and 2008-2009

B. During negotiations, the Board and the Association shall exchange points of view and make proposals and counterproposals.

C. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations, provided however, all final proposals are subject to approval by Association and Board.

A “grievance” is a claim by an employee or the Association that there has been an improper application, interpretation or violation of an expressed term or provision of this Agreement, Board Policy or administrative decision.

1. A grievance may be filed by an individual employee, a group of employees or by the Association, either in its own name or as the representative of a group or class whose individual signatures shall not be necessary. Any grievance must be lodged at the proper initiating level within thirty (30) calendar days of the happening of the event.

2. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.

3. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.

4. A grievance which involves a question of salary shall be filed in duplicate. One copy shall be presented to the principal involved and the other shall be filed with the Administrative Assistant for Personnel.

5. Except for group, class or policy grievances which shall be initiated by the Association at the Superintendent’s level, any employee who has a grievance shall discuss it first with his/her principal (or immediate superior, if applicable) in an attempt to resolve the matter informally at the level.

6. If, as a result of the discussion, the matter is not resolved to the satisfaction of the grievant, he/she may within five (5) school days of the discussion, set forth the grievance in writing to the principal, specifying:

a. the nature of the grievance;

The principal shall communicate his decision in writing to the grievant within five (5) school days of receipt of the written grievance.

7. The grievant, no later than five (5) school days after receipt of the principal’s decision, may appeal the principal’s decision of the Superintendent of Schools. The appeal to the Superintendent must be made in writing reciting the matter submitted to the principal as specified above and his/her dissatisfaction with decisions previously rendered. The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) school days. The Superintendent shall communicate his/her decision in writing to the grievant and the principal. Except for a grievance alleging an improper application, interpretation or violation of an express term or provision of this contract, the Superintendent shall be the final step of the grievance procedure.

8. If the grievance alleges an improper application, interpretation or violation of the express written terms of this contract and is not resolved to the grievant’s satisfaction pursuant to paragraph seven above, a demand for arbitration may be filed with the American Arbitration Association within ten (10) days after the receipt of the Superintendent’s decision. Notice of the filing of the demand for arbitration shall be given to the Superintendent simultaneously with the filing thereof. Said arbitration shall be advisory only and shall be conducted under the rules of the American Arbitration Association.

9. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He can add nothing to, nor subtract anything from, the Agreement between the parties or any policy of the Board of Education. Only the Board, the Association, and the aggrieved shall be given copies of the arbitrator’s opinion and award.

a. Any grievant may be presented at all stages of the grievance procedure by himself/herself, or, at his/her option, by a representative selected or approved by the Association.

b. When a grievant is not represented by the Association in the processing of a grievance, the Association shall, at the time of submission of the grievance to the Superintendent or any later level, be notified that the grievance is in process, have the right to be present and present its position in writing at all hearing sessions held concerning the grievance and shall receive a copy of all decisions rendered.

c. The Board and the Association shall assure the individual freedom from restraint, interference, coercion, discrimination or reprisal in presenting the grievance and shall receive a copy of all decisions rendered.
11. No meeting or hearing conducted under this procedure shall be public. The only parties in attendance shall be the parties in interest, witnesses and the designated or selected representatives contemplated in this article.

F. If an employee who has resigned from his/her job with the Cherry Hill Board of Education decides to return to the work force and is rehired for the same type of position, he/she would return to work at the rate of pay he/she received at the time he/she left, provided that not more than two years have lapsed since leaving his/her position as an employee.

G. Employees shall not be responsible for obtaining their own substitute.

B. Representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times provided it does not interfere with or interrupt normal school operations. Such representatives shall notify and receive the approval of the principal for their presence on school property.

C. The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings. Use of the buildings shall be arranged according to current Board policy then in effect.

D. The Association shall have the right to use school facilities and equipment, including typewriters, computers, copy machines, other duplicating equipment, calculating machines, and all types of audio-visual equipment at reasonable times, when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials, supplies and equipment repair incident to such use.

E. The Association shall have the right to use inter-school mail facilities and school mail boxes as it deems necessary and without the approval of the building principals or other members of the administration. The Board assumes no responsibility for delivery.

F. The rights and privileges of the Association and its representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the employees, as defined in the unit, and to no other organizations, so long as this Agreement is in existence.

G. Whenever any representative of the Association or any employee is mutually scheduled by the Association and the Board to participate during working hours in negotiations or grievance proceedings, the employee shall suffer no loss in regular compensation for the employee’s normal work day.
H. Workshops and In-service

1. Workshops and In-Service programs (computer, drugs, etc.) shall be provided to those employees that work at least 20 hours per week. If attendance is mandated by the Board, the employee shall be compensated at his/her regular hourly rate; if attendance is voluntary on the employee’s part, attendance shall be without pay.

2. The Board may assign up to four (4) additional days per year for in-service needs. Assistants shall be paid their hourly rate for such additional time.

3. Assistants shall be given a minimum of 30 days’ notice of mandatory in-service dates. If assistants are required to attend mandatory in-service before the first day in the academic year, such notice will be given by June 30.

4. Effective with the 2007-2008 work year, there shall be one (1) four (4) hour day scheduled for in-service purposes for all educational assistants. This shall be in addition to the regular work year length which was in place for the 2006-2007 year. Compensation shall be at the employee’s hourly rate.

1. All employees shall be entitled to ten (10) days sick leave per year. Unused days of sick leave shall be accumulated from year to year. Effective upon the date of ratification of the 2006-2009 Agreement, for employees in their first year who join the District on other than a September 1st, one day of sick leave shall be credited upon hire for each full calendar month left in the year. “Year” is defined as September 1 through June 30.

2. Continuous personal illness absence of five (5) or more days must be certified by a properly licensed physician. In cases where an employee has demonstrated a pattern of sick leave abuse, the Employer may require a doctors note for an absence of less than five (5) days. Excused absences shall not constitute a pattern of abuse.

3. When an employee retires pursuant to the provisions of the Public Employees Retirement System, such employee shall be paid the following for each day of accumulated unused sick leave: $11.00.

4. Said payments shall not be made in the event of termination of employment by the Board. If termination of employment is due to death, the employee’s estate shall receive such payment. In the event partial sick days are accumulated, payment will be made on a pro-rata basis.

B. Maternity Leave

Maternity leave, without pay, shall be granted to an employee in accordance with the following conditions and procedures:

1. An employee seeking a leave of absence for reasons associated with pregnancy shall file a written request for such leave with the Superintendent or his designee at least sixty (60) days in advance of the date on which said leave is to commence, which request shall likewise specify therein the date on which said so requested; provided, however, an employee may apply for early reinstatement by filing a written request therefor with the Superintendent or his designee. Said request for early reinstatement is subject to Board approval.

2. The Board may require as a condition of an employee’s return to service, production of a certificate from a physician to certify that the employee is medically able to resume her duties.

3. In no event shall any such leave be granted beyond the end of the contract year in which leave is requested to commence.

4. A pregnant employee may continue her employment with the district so long as her physician certifies to the Board that she is medically able to continue to perform her duties. In the event there is any question concerning her ability to continue to perform her duties, the Board shall have the right to have the employee examined by a physician designated by the Board. If there is a difference of medical opinion between employee’s physician and the Board’s physician, a third physician designated by mutual agreement of the employee and the Board, or if no such agreement can be reached, by the Camden County Medical Society, shall be dispositive of the issue. If it becomes necessary to seek the opinion of a third physician, his fee shall be shared equally by the Board and the employee involved.

1. Other leaves of absence, without pay, may be granted by the Board at its discretion.

2. For each period of absence, an employee will be required to complete and file an appropriate form with the office of the Superintendent, regardless of the nature of the absence and type of leave involved.

3. Upon return from leave granted pursuant to this article, an employee will be placed on the salary schedule at the level he/she had attained at the time the leave was granted, unless he/she has worked for a period exceeding five (5) months in the school year in which leave was granted, in which event the employee will be placed on the next higher level of the salary schedule. Unused accumulated sick leave shall be restored to an employee upon his/ her return from his/her leave of absence granted pursuant to this article.

D. Funeral Leave

1. In the event of a death in an employee’s immediate family, such employee shall be allowed absence with pay not to exceed five (5) days. All such absences shall be approved by the employee’s immediate supervisor.

2. For the purpose of this section, “immediate family” shall mean husband, wife, father, mother, child, sister, brother, grandchild, mother and father-in-law and brother and sister-in-law.

3. Employees shall be allowed one day leave with pay in the event of the death of a family member not set forth in paragraph 2 above. Such absence must be approved by the employee’s immediate supervisor.

1. Each employee employed twenty (20) hours per week or more may be granted up to two (2) days personal leave during the school year. Said leave shall be with pay and for the purpose of transacting business which cannot be accomplished outside of working hours.

2. Personal leave shall be allowed with the approval of the building principal provided that such approval shall not be unreasonably withheld. Except in emergencies, it shall be the employee’s responsibility to file a written request for leave with the building principal at least five (5) days in advance of the absence.

3. Personal leave days will not be granted for either of the two (2) days preceding or following a holiday or vacation period except in cases of emergency. Unused personal leave days shall accumulate for the purposes of sick leave from year to year, so long as employment is continuous.

4. The purpose of personal leave days is to allow employees to perform such pressing and immediate business that it cannot be postponed or performed after employment hours. Any other use of personal leave days is violation of the contract.

1. In the case of required jury duty, an employee shall notify his/her immediate supervisor, shall be allowed time off for jury service and shall suffer no loss in compensation.

1. In the event there is a reduction in force, those employees employed twenty (20) hours per week or more will be placed on a reduction list to be established by the Board. This list will include the years of service for each employee. Employees laid off during the school year will remain on said list until the first day of class of the following school year. Those laid off after the last day of classes in June will remain on the list until the next following January 2.

2. Unit members who have completed seven (7) or more years continuous service to the District shall not be reduced in force before unit members who have not completed seven (7) years of continuous service to the District. The preceding sentence does not guarantee either placement in a specific school or placement in a specific unit title. An “Educational Assistant – Exceptional Student” who has been reduced in force shall be compensated consistent with the terms of Article 12, E. These unit members may indicate to the Human Resources office their preferences as to school placement and those preferences will be considered. These unit members may be required to be interviewed for vacancies but will not be required to provide a resume.

C. Consideration for reemployment is not a guarantee of reemployment and shall not preclude the Board from hiring an individual whose name does not appear on said reduction list in its discretion.

D. In the event an opening shall occur in any school, the principal of that school shall have the option to offer said extra hours to existing employees in that school where said employees are qualified; or to offer said opening pursuant to paragraphs A through C above.

E. The Superintendent or his designee shall give at least ten (10) days written notice of employee openings of twenty (20) or more hours per week. Postings shall include the building assignment, type of position and work hours. Such notice shall be posted on the District website and in the main office of all worksites. A copy of the posting shall be provided to the Association building representative and to the Association Presidents.

F. During the school year, an employee initiated inter-school transfer for the same position the employee then holds must have the approval of both school principals and the Board.

G. All openings for clerical or secretarial positions in the accredited evening high school, summer school or for federal projects and other programs along with appropriate compensation shall be publicized in accordance with paragraph “E” above.

B. Written evaluations shall be given to the employee for his/her signature and written comments prior to submission of the reports to the Superintendent. This evaluation(s) shall include strengths, weaknesses and suggestions for improvement if appropriate.

C. Upon reasonable request and upon notice to the Director of Human Resources, an employee shall be permitted to examine evaluation reports in their personnel folder as maintained in the office of the Director of Human Resources.

D. Any employee receiving an evaluation of less than satisfactory in any one category shall be reevaluated within the remainder of the school year.

B. Every effort will be made to notify employees of their future employment status and number of hours scheduled by June 15. Such notice may be given by the Human Resources Department or by the principal of each school and shall be given in writing. Any notice given is subject to subsequent modification by the Board and the hours assigned to each employee’s individual employment contract shall be conclusive.

The following language is effective from July 1, 2006, until January 1, 2007:

Blue Select (Blue Cross/Blue Shield) health insurance

Coverage will be 100% in network with a ten-dollar ($10) in-network doctor co-pay. Coverage will be 70% out-of-network with a five hundred dollar ($500) deductible per eligible person and a one thousand dollar ($1,000) deductible per family (2 individuals per family).

Effective on the first of the month which is at least 30 days after mutual ratification of the 2006-2009 Agreement, change the Horizon PPO Board-paid plan to the Patriot V QPOS/School Board Plan outlined on Attachment E in the 2006-2009 Memorandum of Agreement.

C. Employees hired prior to July 1, 1997, shall be covered under Horizon PPO, with the same benefit level in A above, provided they work a minimum of twenty (20) hours per week. Effective on the first of the month which is at least 30 days after mutual ratification of the 2006-2009 Agreement, Patriot V QPOS/School Board Plan replaces Horizon PPO.

It is understood the Employer may change insurance carriers provided the level of benefits remain equal to or better than those currently in effect.

New employees shall have the option to select from the following coverages:

For the purpose of this clause “year” shall be defined as the first of the month which follows the employee’s twelve (12) month anniversary.

The Board will provide prescription drug insurance coverage to all employees regularly working twenty-five (25) hours or more per week under the terms and conditions of said plan. For employees hired prior to July 1, 1997, the benefit eligibility requirement shall be 20 hours per week. Effective on the first of the month which is at least 30 days after mutual ratification of the 2006-2009 Agreement, the employee co-payment shall be $15 for brand-name drugs; $7 for generic drugs; and one co-payment ($15 for brand-name drugs; $7 for generic) for a 90 day supply by mail-order.

B. In the event of delayed openings due to inclement weather, employees may be rescheduled by the building principal to make up lost hours provided work is available. This shall not require the principal to reschedule said hours if in his opinion it is not in the best interests of the Board.

1. The Association shall indemnify and save harmless the Board against any and all claims, demands, suits judgments, settlements, or any other form of liability including reasonable counsel fees and other costs of defense that shall arise out of or by reason of action taken or not taken by the Board for the purpose of complying with any of the provisions of this Article, including but not limited to, any actions. in connection with defending the legality of this indemnification provision.
a. Neither the Board or the Association will challenge the legality of any indemnification provision of this Article. In the event this indemnification of the Board by the Association is challenged in any forum by any person or entity, the Board and the Association agree to defend the legality of the indemnification provision. In the event this indemnification provision is deemed to be illegal or against public policy by any court or administrative agency or competent jurisdiction, then effective the date on which the Association no longer remits payment to the Board as provided hereinabove, the Association will eliminate the representation fee in effect at the time.

b. The Board shall retain its right to determine its course of conduct, including but not limited to, the right to select counsel and determine strategy, in any action arising out of or by reason of the provisions of this Article.

c. The indemnification provisions of this Article shall continue during any extension of this Agreement or during any period in which the Association is collecting representation fees in accordance with this Article.

1. “Educational Assistant -Exceptional Student” is the pay category covering the following positions:

2. “Educational Assistant” is the pay category covering the following positions:

Title I
General
Special Education

B. Effective July 1, 2005, an educational assistant who is assigned to substitute for an absent teacher shall receive the substitute’s daily rate prorated for the number of hours subbing or the educational assistant’s hourly rate, whichever is higher.

C. Effective July 1, 2003, an educational assistant who is temporarily assigned to an Education Assistant – Exceptional Student position shall receive $1.50 more per hour than her/his hourly rate for all hours following the fourth such assignment annually.

D. Any current or future Educational Assistant - Exceptional Student vacancies shall first be offered to bargaining unit members. Qualification of applicants and fitness for such vacancies shall be determined by the Board.

E. Educational Assistants – Exceptional Student

1. Upon initial hire, an appointee to the position of Educational Assistant – Exceptional Student shall be placed at the guide step which is closest to $1.50 per hour higher than Step 1. Upon initial appointment of an existing Educational Assistant to the position of Educational Assistant – Exceptional Student that employee shall be placed at the guide step which is closest to $1.50 per hour higher than her/his current step.

2. Involuntary Loss of Position

a. If an Educational Assistant – Exceptional Student loses her/his position involuntarily because the student is no longer assigned to the employee, the employee shall remain at the current rate of pay and get the raise consistent with the guide.

b. If such an employee is offered another Educational Assistant – Exceptional Student position and accepts it, she/he will continue to maintain the rate. If the employee rejects the position, she/he will go back to the step which would result in a reduction of the hourly rate which is no greater than the “extra” pay she/he received when first appointed to the Educational Assistant - Exceptional Student position.

c. It is expressly understood an Educational Assistant - Exceptional Student involuntary transferred to a Educational Assistant position for performance or disciplinary reasons shall not be entitled to remain at the higher rate.

3. Voluntary Loss of Position
a. If an Educational Assistant – Exceptional Student gives up her/his position voluntarily, she/he will go back to the step which would result in a reduction of the hourly rate which is no greater than the “extra” pay she/he received when first appointed to the Educational Assistant - Exceptional Student position.

b. If such an employee is subsequently offered another Educational Assistant – Exceptional Student position and accepts it, she/he shall be placed at the step which is closest to $1.50 per hour higher.

c. If an Educational Assistant – Exceptional Student voluntarily gives up her/his position, the Director of Human Resources will notify the Association Presidents of the change. The pay reduction will be consistent with a. above.

4. In order to administer the concepts above, the Human Resources Director shall provide the Association a list of current Educational Assistants - Exceptional Student and the differential they received when first appointed to the position.

The amount of each check shall be determined by using the following formula:

R*H*S where R= the employee’s hourly rate
P H= the employee’s total daily hours

S= the number of student calendar days
P= the total number of paydays in the year

In the event the employee assigned declines to attend the trip then another shall be assigned from a pool of volunteers. If there are adequate members volunteering for the trip, the trip shall be assigned to unit members. Effective with the ratification of the 2006-2009 Agreement, the practice of requiring an employee who has declined a trip to arrange for her/his own substitute is terminated. The original employee shall assume the duties of the employee who goes on the trip if possible. If no other assignment is available then the employee shall not report for work and shall receive no pay for that day.

B. Should any criminal action be instituted against any employee for any act or omission arising out of and in the course of the performance of his/her duties for the Board, and should such proceeding be dismissed or result in a final disposition in favor of such employee, the Board shall reimburse him/her for the costs of defending such proceeding, including reasonable counsel fees and expenses of the original hearing or trial and all appeals (N.J.S.A. 18A:16-6.l).

C. Whenever any employee is absent from his/her post or duty as a result of a personal injury caused by an accident arising out of and in the course of his/her employment with the Board, the Board shall pay to such employee the full salary or wages for the period of such absence for up to one (1) calendar year without having such absence charged to the annual sick leave or the accumulated sick leave provided for herein. Salary or wage payments as provided in this section shall be made for absence during the waiting period and during the period the employee received or was eligible to receive a temporary disability benefit under Chapter 15 of Title 34, Labor and Workmen’s Compensation, of the Revised Statutes. Any amount of salary or wages paid or payable to the employee pursuant to this section shall be reduced by the amount of any workmen’s compensation award made for temporary disability (N.J.S.A. 18A:30-2.I).

D. Employees shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate supervisor.

E. Such notification shall be immediately forwarded to the Superintendent or his designee who shall comply with any reasonable request from the employee for information in the possession of the Superintendent relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the employee, the police, and the courts.

The Board and the Association agree that there shall be no discrimination, and that all practices, procedures and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of employees or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status.

This Agreement constitutes Board and Association policy for the terms of said Agreement, and the Board and Association shall carry out the commitments contained herein and give them force and effect as Board and Association policy.

If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.

Any individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement.

If an individual contract contains any language inconsistent with this Agreement, this agreement during its duration, shall be controlling.

H. The cost of printing of the Agreement for distribution to unit members shall be shared equally by the Association and Board.

I. Notice

Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or registered letter at the following addresses:

1. If by Association, to Board at Malberg School, 45 Ranoldo Terrace, Cherry Hill, New Jersey 08034;

2. If by Board, to Association, Care of Current President(s), at said President’s school address.

2005-2006		2006-2007		2007-2008		2008-2009
STEP	RATE		STEP	RATE		STEPRATESTEPRATE
						19.07
			1	7.98		18.35 2 9.12
1-3	7.76		2	8.08		2 8.45 3 9.17
4	7.86		3	8.35		3 8.99 4 9.57
5	8.12		4	8.88		4 9.53 5 9.84
6	8.38		4	8.88		4 9.53 5 9.84
7	8.64		5	9.42		5 9.80 6 10.11
8	8.90		5	9.42		5 9.80 6 10.11
9	9.16		6	9.69		6 10.06 7 10.65
10	9.42		7	9.94		7 10.61 8 11.19
11	9.67		8	10.48		8 11.15 9 11.74
12	9.93		8	10.48		8 11.15 9 11.74
13	10.19		9	11.01		9 11.69 10 12.28
14	10.45		9	11.01		9 11.69 10 12.28
15	10.71		10	11.55		10 12.23 11 12.81
16	10.97		10	11.55		10 12.23 11 12.81
17	11.23		11	12.08		11 12.76 12 13.59
18	11.49		11	12.08		11 12.76 12 13.59
19	11.75		12	12.61		12 13.53 13 14.12
20	12.01		12	12.61		12 13.53 13 14.12
21	12.26		13	13.37		13 14.06 14 14.66
22	12.52		13	13.37		13 14.06 14 14.66
23	13.00		14	13.89		1414.60 15 15.19
24	13.51		15	14.43		15 15.13 16 15.74
25	14.03		16	14.95		16 15.68 17 16.34
26	14.54		17	15.48		17 16.25 18 17.45
27	15.06		18	16.05		18 17.04 18 17.45
28	15.61		19	16.63		18 17.04 18 17.45
29	16.17		19	16.63		18 17.04 18 17.45